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Home My WebLink About11-3131Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC - _ 140 Corporate Blvd. N f lk VA 23502 . No , I I C(y? ?• -` mF or o r- ) Plaintiff -<> 320 C v. o = PAULO PEREIRA c z' GRACE M PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. l? omk V atopa ci k? C'x.?rSto'18? -ea?as??ys Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. : Norfolk, VA 23502 Plaintiff No. V. PAULO PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 GRACE M PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 Defendants NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 Ihis coinnninication. is front a cleft :-c) lector and 3? An attentl?t to coIlect a €.1011. Any information obtained ?%ill het ,? ed for that pm pose, Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. PAULO PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 GRACE M PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 Defendants COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendants, PAULO PEREIRA and GRACE M PEREIRA, are an adult individuals with last known address of 10 NAUGLE RD, SHIPPENSBURG PA 17257. It is averred that Defendants were indebted to GE MONEY BANK, F.S.B./LOWES on May 9, 2006 with account number ************9037 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendants agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. At all relevant times material hereto, Defendants have used said Account for the purchase of products, goods and/or for obtaining services. i laih co ntmication is from a debt collect,=t, anti i,, an a€tcnipt to coliect a &bt. Ann inJonnatien obtained will be ttk;ed t0l' !ItM I-ErMI)O",?e. 6. Defendants were provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendants. 7. Defendants were in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on December 3, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F. S.B./LOWES and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $4,435.34. 10. Despite reasonable and repeated demands for payment. Defendants have refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendants, PAULO PEREIRA,andGRACE M PEREIRA, in the amount of $4,435.34, plus costs of this action and any and reasonable. Robert N. Polas Jr., Esquire # 201259 ?--- Carrie A. Brown, Esquire # 94055 10-60451 'I his, s omimmicadon is from a cleft collector and is an auenipt to collect a del-,t.. my information obtained ?,vill be used t6 , iNit purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, "". 5tcfiheli hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date : MAR 0 S 2011 By: ?. 1?,.? a,, 4kla? Custodian of Records 10-60451 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************9037 PAULO PEREIRA GRACE M PEREIRA Account Holders: PAULO PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 GRACE M PEREIRA 10 NAUGLE RD SHIPPENSBURG PA 17257 Consumer Account Product Code: PVT Issuer: GE MONEY BANK, F.S.B./LOWES Assignee: Portfolio Recovery Associates, LLC Account Number: ************9037 Date Account Opened: May 9, 2006 Date of Last Payment: December 3, 2009 Date of Charge Off July 8, 2010 Balance at Purchase: $4,435.34 Purchase Date: July 29, 2010 Balance at Purchase: $4,435.34 Less Payments: $.00 Balance Due: $49435.34 10-60451 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Yvctte M. Stephen depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from GE MONEY BANK, F.S.B./LOWES ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on July 29, 2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from PAULO PEREIRA and GRACE M PEREIRA ("Debtor and Co-Debtor") to the Account Seller the sum of $4,435.34 with the respect to account number (************9037), as of July 29, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $4,435.34 . Portfolio Recovery Associates, LLC By: - "ItO ilk, stenIG , Custodian of Records ,?.•??PN. Ri,?? 2 /, Subscribed and sworn to before me on of H(Irch, 2011 M y ` n Notary Public 10-60451 I his communication is from a debt collector xid is an attempt to collet.t,,i debt, 'Any ink mnation obtained will be ttsed for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE CIF THE PROTHONOTARY 26 ? I MAR 28 PM 2: 18 Richard W Stewart Solicitor CUMBERLAND COUNTY PENPl*SYLVANIA Portfolio Recovery Associates, LLC vs. Paulo Pereira (et al.) Case Number 2011-3131 SHERIFF'S RETURN OF SERVICE 03/25/2011 11:25 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1125 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paulo Pereira. Deputies were advised, Paulo Pereira has filed bankruptcy under Case 1:11-bk-01954-MDF. 03/25/2011 11:25 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1125 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Grace M. Pereira. Deputies were advised, Grace M. Pereira has filed bankruptcy under Case 1:11-bk-01954-MDF. SHERIFF COST: $64.00 SO ANSWERS, i March 25, 2011 ROW Y R ANDERSON, SHERIFF (c Gou! i'ySui.te Snerdf. Te'eo-oft. ln-